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However, once the cat is in the bag, so to speak, ie. once the patent has been granted, it takes about $1,000,000 (yes, you read correctly) to invalidate it in court. Now imagine Sun Microsystems (or IBM, or Microsoft, or Apple, or Google, or…) has hundreds of bogus, invalidable patents like this one. You are a small company and BigCorpOfChoice wants to bring you down. They file a suit for infringement on 10 of their bogus patents. You could invalidate them all – if you spent $1,000,000 per patent in court.

Pop quiz: what is going to happen?

Okay, let’s say you actually braved this onslaught. Now BigCorpOfChoice brings out another 10 bogus patents…